DADS DAY GIVEAWAY OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE CHANCES OF WINNING.
In order to enter or win the DADS DAY GIVEAWAY (“Contest”), you must fully comply with these Official Rules (“Rules”) and, by entering, you represent and warrant that you agree to be bound by these Rules and the decisions of the Sponsors. Participation constitutes entrant’s full and unconditional agreement to these Rules and to Sponsors’ decisions, which are final and binding in all matters related to the Giveaway.
1. Sponsors. Man Cave Day, LLC , P.O. Box 3437, Allentown, PA 18106-9539
2. Entry Period. The Giveaway entry period will commence at Noon (Eastern Time) on June 18, 2020 and will end at 3:00 PM (Eastern Time) on June 21, 2020 (the “Entry Period”). All entries must be received and recorded during the Entry Period. Man Cave Day’s computer is the official time keeping device for the Giveaway.
3. Eligibility. The Giveaway is only open to natural persons that are legal residents located in the 48 contiguous states of the continental United States and the District of Columbia who are 21 years of age or older at the beginning of the Entry Period. Employees, contractors, officers, directors and agents of Sponsors, Sponsors’ affiliates, subsidiaries, parent company, or advertising agencies, public relations, promotional and marketing agencies and all other service agencies involved with the Giveaway (collectively, “Ineligible Persons”) and the immediate family and household members of Ineligible Persons are not eligible to enter or win the Giveaway. “Immediate family” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least 3 months a year, whether related or not, or are legally domiciled at the same residence for any time during the Entry Period. Winning the prize is contingent upon fulfilling all requirements as set forth herein. Sponsors reserve the right, but not the obligation, to verify the eligibility of winners. The Giveaway is void where prohibited and subject to all applicable federal, state and local laws.
4. How to Enter. You must be a registered user of Instagram in order to enter the Giveaway. During the Entry Period, look for Sponsors’ Giveaway post on Instagram (“Giveaway Announcement”) inviting eligible persons to enter for a chance to win a prize. Sponsors will make a Giveaway Announcement on each of the following Instagram accounts:
Comment and/or tag a friend from your Instagram account on any Giveaway Announcement during the Entry Period for a chance to win (“Entry”). No other forms of Entry are valid. One person per Entries. Duplicate Entries will be deleted.
If entering with a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable charges. Participants are solely responsible for any such wireless charges.
Entries must also meet the following requirements:
- Entry cannot defame, misrepresent or contain disparaging remarks about Sponsors or its products, or other people, products or companies or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsors wishes to associate.
- Sponsors shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the Entry in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose.
- Entry cannot (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, reference nudity or any materially dangerous activity; (b) promote any activities that may appear unsafe or dangerous or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain or reference trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than the Sponsors), without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (e) contain copyrighted materials owned by others without permission; (f) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; or (g) depict, and cannot itself be in, violation of any law.
- Each entrant warrants and represents that the Entry: (a) is your original work, (b) has not been previously published; (c) has not received previous awards; and (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.
- Any entrant whose Entry includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsors’ use of such Entry, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of entrant as a winner.
- Any Entry that, in the sole opinion of Sponsor, is not in accordance with the Rules, or is deemed to be inappropriate for publication is ineligible.
- Automated or mechanically produced or reproduced Entries are prohibited. No Entries by bots are eligible. No illegible, incomplete, forged or altered Entries will be accepted.
- Any such entrant will indemnify and hold harmless, Sponsor from any claims to the contrary.
Entry must comply with these Rules. Sponsors reserves the right, but not the obligation, to review any Entry for violation of these Rules and may, at its sole discretion, reject, delete, or otherwise exclude an Entry for any reason, including without limitation, if the Entry contains any commentary or material which Sponsor, in its sole discretion deems inappropriate.
Entries will be deemed to have been submitted by the authorized account holder of the Instagram account submitting the Entry. “Authorized account holder” shall mean the natural person who is registered with an internet service provider, online service provider, or other organization responsible for assigning the account used.
5.Odds of Winning. The odds of winning depend on the total number of eligible Entries received during the Entry Period.
6. Use of Personal Information. By entering the Giveaway, entrants will be sharing their personal information with Sponsors. Personal information collected by Sponsors will be used for administration of the Giveaway.
7. Warranties and Consents. By completing and submitting an Entry, you: (a) represent and warrant that (i) you have read and agreed to be bound by these Rules (ii) based on the Rules, you are eligible to participate in the Giveaway, and (iii) all of the information provided on the Entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) agree to the use of your name, address (by reference only to the state, province, county or region), likeness, and/or prize information by Sponsors for promotional purposes in any medium without additional permission or compensation to the extent permitted by law; and (c) agree to be bound by the interpretations of these Rules by Sponsors, which are final in all matters relating to the Giveaway.
8. Winner Selection and Notification. One (1) potential winner will be selected by the Sponsors at random on or about Sunday, June 21, 2020 from all eligible Entries received during the Entry Period. The potential winner will be notified by the Sponsors via Instagram through direct message. Except where prohibited, the winner may be required to complete, sign and return to Sponsors an affidavit of eligibility, Release of Liability and Publicity Release in a form to be provided by Sponsors (collectively, the “Affidavit”) within the notification time frame or by the date specified in Sponsors’ notification or an alternate winner may be selected. In the event: (a) a potential winner does respond to the winner notification within 48 hours indicating whether such potential winner can accept the Prize or cannot be reached for whatever reason , (b) of noncompliance with the Rules, (c) a potential winner is found to be ineligible to enter the Giveaway or receive the prize, (d) a potential winner cannot or does not comply with the Rules, (e) a potential winner prize notification or Affidavit is returned as undeliverable for whatever reason, or (f) a potential winner fails to fulfill the Affidavit-related obligations, a potential winner shall be disqualified from the Giveaway and an alternate potential winner may be selected, at Sponsors’ sole discretion, from among the other eligible Entries received.
9. Prize Details. There is one (1) prize package awarded by Sponsors made up of the following:
|Brand||Product||Model No.||Approximate Retail Value|
|Weber Grill||Performer Premium Charcoal Grill 22″||15401001||$399.00|
Allow 4-6 weeks after winner validation for receipt of Prize. Prize items may ship separately.
Any difference between stated value and actual value will not be awarded. The Prize cannot be substituted, assigned, transferred, or redeemed for cash. Sponsors reserve the right to make substitutions of equal or greater value at its sole discretion in the Prize. Any portion of the Prize not accepted or unclaimed and/or unused by a winner will be forfeited and will not be substituted. In the case of a winner’s forfeiture of the Prize, Sponsors may select an alternate winner. Winner is solely responsible for the reporting and payment of all applicable federal, state and local taxes (including income taxes) associated with the Prize and will, and hereby does, hold Sponsors harmless from liability for failure to timely report and/or pay such taxes. Sponsors will notify the Internal Revenue Service of award of Prize to winner, via IRS 1099 Tax Forms.
10. General Terms; Right to Cancel, Modify. Sponsors and their subsidiaries, affiliates, parent company, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any Prize to entrants, with regard to: (a) Entries that contain inaccurate information or do not comply with or violate the Rules; (b) Entries, Prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, inactive email accounts or entrant’s failure to monitor his/her account; (c) entrants who have committed fraud or deception in entering or participating in the Giveaway or claiming the Prize; (d) telephone, electronic, hardware, software, network, internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the Prize for any reason; (f) if a Prize cannot be awarded due to delays or interruptions due to force majeure, natural disasters, pandemic, government orders, terrorism, weather or any other similar event beyond Sponsors’ reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsors reserve the right, in its sole discretion, to disqualify any individual it finds to be (x) tampering with the Entry process or the operation of the Giveaway, or with any website promoting the Giveaway; (y) acting in violation of the Rules; or (z) entering or attempting to enter the Giveaway multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit Entries. If Sponsors determine, in their sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Giveaway, Sponsors reserve the right to void the Entries at issue, and/or terminate the relevant portion of the Giveaway promotion, including the entire Giveaway promotion, and/or modify the Giveaway and/or conduct a random drawing to award the Prize using all eligible entries received as of the termination date.
11. Publicity Releases. You may not issue press releases or other publicity in connection with your participation in the Giveaway without the consent of Sponsors. Except where prohibited or restricted by law, by making an Entry, you grant Sponsors an exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, sub-licensable and transferrable right and license to exploit your Entry (including, without limitation, your name and likeness and the names and likenesses of any and all persons in the Entry, and any intellectual property rights (e.g. copyright, trademark, etc.) contained in the Entry) in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party, for any purpose, including, without limitation, your Entry and any person’s property (physical, personal, intellectual property rights, and indicia) contained therein. The foregoing grant includes, without limitation, the right to reproduce, display, distribute, publicly perform, create derivative works of, alter, amend, broadcast, edit, publish, use, merchandise, license, sublicense, and adapt the Entry in any and all media now or hereafter known, throughout the world, for any purpose, whether commercial in nature or otherwise, including in contexts and circumstances that result in your Entry being associated with a particular Sponsor or Sponsors. Accordingly, you hereby waive any objection to, such use including without limitation, distribution, reproduction, creation of derivative works of, public performance, or display of your Entry, and any claim for compensation whatsoever in connection therewith. Such waiver shall include any claim for infringement of any so-called “Moral Right,” “Droit Moral” or similar right or interest.
12. Release of Liability. By participating in the Giveaway, entrants and winners agree to release and hold harmless Sponsors, Instagram, Facebook, and their respective subsidiaries, affiliates, parent company, representatives, agents, successors, assigns, employees, officers and directors (the “Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Giveaway, or possession, acceptance and/or use or misuse of the Prize or participation in any Giveaway-related or Prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with the Giveaway.
13. DISCLAIMER OF WARRANTIES. SPONSORS ARE PROVIDING THE Giveaway ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPONSORS ARE NOT RESPONSIBLE FOR, SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LIABILITY ARISING FROM OR RELATING TO (I) THE Giveaway OR THE TECHNOLOGY USED TO PROVIDE IT WILL BE UNINTERRUPTED OR SECURE,OR WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS;(II) LATE, LOST, STOLEN, DELAYED, DAMAGED, MISDIRECTED, MISADDRESSED, INCOMPLETE, UNINTELLIGIBLE OR POSTAGE-DUE ENTRIES; (III) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, COMPUTER OR OTHER MALFUNCTIONS, FAILURES, OR DIFFICULTIES OF ANY KIND, WHETHER HUMAN OR TECHNICAL; (IV) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER OR E-MAIL TRANSMISSIONS; OR (V) ANY PRINTING OR TYPOGRAPHICAL ERRORS IN ANY MATERIALS ASSOCIATED WITH THE Giveaway, INCLUDING THESE RULES. SPONSORS MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. Entrants and winners further acknowledge that Sponsors have neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof.
14. Waiver. No failure or delay by a party in exercising any right, power, or privilege under these Rules will operate as a waiver thereof. No waiver of any provision of these Rules, or any rights or obligations of either party under these Rules, shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
15. Forum Selection. All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules, or the rights and obligations of entrant or Sponsors in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Pennsylvania, without giving effect to any choice of law or conflict of law rules. Entrants hereby irrevocably consent to the exclusive jurisdiction and venue of the appropriate state or federal court having jurisdiction over the subject matter located in Lehigh County, Pennsylvania and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have. To the fullest extent permitted by law, entrants further agree to bring any action and waive any right of all damages on relief other than his/her actual out-of-pocket costs in participating in the Giveaway (if any).
16. Winner’s List. For the name of the winner, the Instagram Live drawing will be placed on @man_cave_day account in the Highlights for a period of ninety (90) days after the Entry Period.